Disability Discrimination Commissioner says NDIS restructure must not diminish human rights

Australia’s Disability Discrimination Commissioner says widespread anxiety among people with disability about the Federal Government’s National Disability Insurance Scheme overhaul can be addressed by ensuring human rights principles guide the restructure.

Announced this week by Federal Health Minister Mark Butler, the overhaul will tighten eligibility to reduce participant numbers, reduce funding for social and community participation by 30%, and implement a new digital payment system to curb fraud.

Disability Discrimination Commissioner Rosemary Kayess: ‘People with disability as well as their families and carers are rightly concerned about how the proposed NDIS restructure will affect how people with disability get the supports they need.

‘Everyone acknowledges the scheme needs some structural reform, but we need to ensure that the human rights principles which underpinned the creation of the NDIS continue to shape its future.

‘Choice and control are at the heart of the NDIS, and they align with the rights and freedoms which people with disability should enjoy such as individual autonomy over the supports that will enable their independence as well as their full participation and inclusion in society.

‘The original intent of the NDIS was that people with disability could be participating members of the community on an equal basis with others in employment, education, housing and social participation. This cannot be lost.'

Commissioner Kayess says the Government also needs to quickly allay specific concerns about eligibility, access to quality services, automated assessments, the speed of the restructuring process and the practical effect of the reduction in support for social and community participation.

There needs to be greater clarity from the Government about how the proposed changes to eligibility will work in practice, and how determinations will be made based on a person’s functional capacity and its impact on their day-today living.

‘Shifting the cost of foundational supports back to the states without careful quality assurance could lead to a reduction in service quality and access which goes against the scheme’s commitment to choice and control.

‘We also know that the Government is looking at automated assessments as a cost-saving measure, but this goes against the scheme’s individualised approach which values the quality and reliability of human-based assessments.

‘The speed at which these changes will progress is also a major concern as the transition timeline is unclear.

‘There’s also a great deal of concern about the proposed reduction in social and community participation support in individual plans. These are key supports for providing meaningful participation and inclusion in society.

‘The restructure also highlights the critical need for an independent monitoring mechanism as part of a strategic framework that includes state and territory agreements and Australia’s Disability Strategy, so the NDIS is no longer doing all the heavy lifting.

‘Minister Butler has identified the NDIS as one of Australia’s greatest human rights achievements. To ensure it remains so, this restructure needs to be co-designed with people with disability, embed human rights principles and standards, and be clearly linked to human rights indicators and outcomes to ensure transparency and accountability.’

Media contact

Email: media@humanrights.gov.au or phone: 0457 281 897